AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

ITIAL) 

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TYPE  GEN 

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PERSONAL APPEARANCE 

ADDRESS AND OR ORGANIZATION OF COUNSEL 

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MEMBER SITTING 

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GEN 

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ISSUES  A94.53 

HEARING DATE 

14 Jun 2005 

CASE NUMBER 

FD-2004-00495 

Case heard at Washington, D.C. 

1  2  1  APPLICATION FOR REVIEW OF DISCHARGE 

L E m R  OF NOTIFICATION 

PERSONAL APPEARANCE 
I  TAPE RECORDING OF PERSONAL APPEARANCE 

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Advise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to 
submit an application to the AFBCMR. 

Names and votes will be made available to the applicant at the applicant's request. 

TO: 

SAFIMRBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 78 150-4742 

FROM: 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR, EE WING, 3RD FLOOR 
ANDREWS AFB, MD 20762-7002 

M H Q  FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2004-00495 

GENERAL:  The applicant appeals for upgrade of discharge to honorable. 

The applicant was offered a personal appearance before the Discharge Review Board ( D m )  but declined to 
exercise this right. 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade of discharge is denied. 

The Board  finds the applicant submitted no issues contesting the equity or propriety of the discharge, and 
after a thorough review of the record, the Board was unable to identify any that would justify a change of 
discharge. 

ISSUE:  The  records  indicated  the  applicant  was  discharged  with  a  general  discharge  for  misconduct, 
specifically, drug abuse.  The records reflect the member received two Article 15s, one Letter of Reprimand, 
and four Letters of Counseling.  The DlU3 opined that through these administrative actions, the applicant had 
ample opportunities to change his negative behavior.  The Board concluded the misconduct was a significant 
departure from conduct expected of all military members.  The characterization of the discharge received by 
the applicant was found to be appropriate. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent with  the 
procedural  and  substantive requirements of  the  discharge regulation and was  within  the  discretion of  the 
discharge authority and that the applicant was provided full administrative due process. 

In view of the foregoing findings the Board further concludes that there exists no legal or equitable basis for 
upgrade of discharge, thus the applicant's discharge should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT  OF  THE  AIR  FORCE 

AIR  FORCE  DISCHARGE  REVIEW  BOARD 

ANDREWS  AFB,  MD 

(Former AB)  (HGH SRA) 

1.  MATTER  UNDER  REVIEW:  Appl rec'd  a GEN Disch fr Holloman AFB, AZ on 28 Feb 03 
UP AFI 36-3208, para 5.54  (Misconduct -  Drug Abuse).  Appeals for Honorable 
Discharge. 

2 .   BACKGROUND: 

a. DOB: 5 Nov 81.  Enlmt Age: 18 4/12.  Disch Age: 21 3/12. Educ: HS DIPL. 

AFQT: N/A.  A-42,  E-50,  G-36,  M-45. PAFSC: 3M031 -  Services Apprentice. 
DAS: 25 'Jan 01. 

.  b.  Prior Sv: (1) AFRes 22 Mar 00 -  18 Apr 00 (28 das) (Inactive). 

3 .   SERVICE  UNDER  REVIEW: 

a.  Enlisted as AB 19 Apr 00 for 6 yrs. Svd: 02 Yrs 10 Mo 10 Das, all AMS. 

b.  Grade Status:  AB  -  17 Jan 03  (Art 15, 17 Jan 03) 

SrA -  02 Oct 02 
A1C -  02 Jun 00 
AB  -  19 Apr 00 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 17 Jan 03, Holloman AFB -  Article 112a.  You did, at or 

near Alamogordo, NM,  on or about 18 Dec 02, wrongfully 
use marijuana.  Reduction to the grade of AB. Reprimand. 
(Appeal/Denied) (No mitigation) 

( 2 )  30 Dec 02, Holloman AFB -  Article 134.  You did, at or 
near Southwest Asia, between on or about 24 Jun 02 and 
on or about 23 Aug 02, make and utter 12 checks for a 
total of $1130.00 for the purchase of a certain thing, 
in payment of a debt, or for a certain purpose, and did 
thereafter dishonorably fail to place or maintain 
sufficient funds in the Armed Services Bank for payment 
of such checks in full upon presentment for payment. 
Suspended reduction to AlC, forfeiture of 300.00 pay, 30 
days extra duty and Reprimand.  (No appeal)  (No 
mitigation) 

e.  Additional: LOC -  18 Oct 02 -  Late for duty. 
LOC -  22 Jul 02 -  Late for duty. 
LOC -  10 Jul 02 -  Late for duty. 
LOR -  07 Jan 02 -  Financial irresponsibility. 
LOC -  12 Feb 01 -  Late for duty. 

f .  CM:  None. 
g.  Record of SV: 19 Apr 00 - 19 Dec 01  Holloman AFB  5  (Initial) 

20 Dec 01 -  19 Dec 02  Holloman AFB  2  (Annual)  REF 

h.  Awards &  Decs:  AFTR, NDSM 

i.  Stmt of Sv:  TMS: (02) Yrs  (11) Mos  (06) Das 
TAMS: (02) Yrs  (10) Mos  (10) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD F'm  293) dtd 11 Dec 04. 

(Change Discharge to Honorable) 

Issue 1:  NO ISSUES SUBMITTED. 

Atch 
None. 

DEPARTMENT OF THE AIR FORCE  P 

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HEADQUARTERS 49TH FIGHTER WING (ACC) 
HOLLOMAN AIR FORCE BASE, NEW MEXICO 

MEMORANDUM FOR AB 

FROM:  49 SVS/CC 

SUBJECT:  Letter of Notification 

1.  I am recommending your discharge fiom the United States Air Force for Drug Abuse.  The 
authority for this action is AFI 36-3208, Administrative Separation of Airmen,  Section 5H, 
paragraph 5.54.  If my recommendation is approved, you will receive an honorable or an under 
honorable'conditions (general) service characterization.  I am recommending that you receive an 
under honorable conditions (general) service characterization. 

2.  My reasons for this action are as follows:  You did, at or near Alamogordo, NM, on or about 
1 8 December 2002, wrongfblly use marijuana.  (Atch 1) 

3.  Copies of the documents to be forwarded to the separation authority in support of this 
recommendation are attached.  The commander exercising Special Court-Martial jurisdiction or a 
higher authority will decide whether you will be discharged or retained in the Air Force an&  if 
you are discharged, how your service will be characterized.  If you are discharged, you will be 
ineligible for reenlistment in the Air Force, will probably be denied enlistment in any component 
of the armed forces, and any special pay, bonus, or education assistance funds may be subjected 
to recoupment. 

4.  You have the right to consult counsel.  Military 
I have made an appointment for you to consuIt Maj 
Counsel, Building 222, Holloman AFB, phone 3473, 
2003.  You may consult civilian counsel at your own expense. 

5.  You have the right to submit statements in your own behalf.  Any statements you want the 
separation authority to consider must reach me by ~4 F&,  05 unless you request and receive 
an extension for good cause shown.  I will forward your statements to the separation authority. 

6.  Hyou fail to consult counsel or to submit Atements in your own behalf, your failure will 
constitute a waiver of your right to do so. 

7.  YOU have been scheduled for a medical examination.  You must report to Family Practice 
Clinic, Bldg 15, at U \$  hours on \ A  February 2003 for the examination. 

8.  Any personal information you fiunish in rebuttal is covered by the Privacy Act of 1974.  A 
copy of AFI 36-3208 is available for your use in the office of the Area Defense Counsel. 

GCo6aC Power for America 

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9.  You must execute the attached receipt and return it to me immediately.  This receipt does not 
admit or deny any of the allegations against you, nor does it mean that you agree with the 
discharge action.  It is simply an aclcnowledgment that you have received this Letter of 
Notification. 

Attachments: 
1. Article 15, 17 January 2003 
2. Article 15,30 December 2 0 0 k  
3. Record of Individual  ounseling, 12 February 2001 
4.  Letter of Reprimand,  January 2002 
4. Letter of Counseling, 10 July 2002 
5. Letter of Counseling, 22 July 2002 
6. Letter of Counseling, 18 October 2002 

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